BILL NUMBER: S8726

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to abandoned
vehicles

 
PURPOSE:

Allow for abandoned vehicles to be removed off City of New York roads.

 
CURRENT LAW:

Section 1224(1)(a) of the Vehicle and Traffic Law ("VTL") currently
allows for a motor vehicle to be deemed abandoned if it is left unat-
tended with no number plates affixed for more than six hours on any
highway or other public place.

Section 1224(2) of the VTL currently provides that ownership of a vehi-
cle deemed abandoned on any roadway shall immediately vest in the local
authority having jurisdiction over the roadway if, among other criteria,
              

the wholesale value of the vehicle, based on its physical condition at
the time of abandonment, is $1,250 or less.

 
SUMMARY OF PROVISIONS:

Section 1 amends VTL § 1224(1)(a) by reducing the required time period
that such motor vehicle is left unattended before it may be deemed aban-
doned from six hours to three hours.

Section 2 amends VTL § 1224(2) by increasing the threshold under which
ownership of an abandoned vehicle immediately vests in the local author-
ity from $1,250 to $3,500 in order to reflect the increase in the market
value of vehicles and their components due to inflation since this
provision of the VTL was last amended.

Section 3 makes the enactment date 180th day after it shall become a
law.

 
JUSTIFICATION:

The New York City Department of Sanitation (the "Department") is respon-
sible for the removal of unlawfully abandoned vehicles from streets and
other public areas in New York City. The commercial value of these vehi-
cles, commonly referred to as "derelicts" or "hulks", is marginal, often
the result of scavenging and vandalism.

The Department manages and oversees the expedient removal of unlawfully
abandoned vehicles from City roadways and public areas through its Dere-
lict Vehicle Operations ("DVO") Program and through the Department's
new, joint DSNY - NYPD Citywide Abandoned Vehicle Taskforce, which
enables both agencies to increase abandoned vehicle, operations. Vehi-
cles subject to the DVO Program must meet both statutory requirements
under VTL § 1224(1), which includes the requirement that the vehicle be
left unattended without plates for six hours and display substantial
interior or exterior damage. The Department's uniformed field personnel
and enforcement officers identify the worst, and potentially dangerous,
derelict vehicles based on specific criteria developed by the Department
as to the vehicle's physical condition. This set of criteria allows
Department personnel to reasonably approximate the wholesale value set
forth under VTL § 1224(2). Upon determining that the vehicle is dere-
lict, the vehicle is tagged and subsequently removed by a towing
contractor, who arranges for the recycling or proper disposal of the
abandoned vehicle. Consistent with VTL § 1224(2), the Department will
not arrange for a vehicle without plates to be towed if the Department
 determines the vehicle is worth more than $1,250. Vehicles determined
to be worth more than $1,250 are removed by the New York City Police
Department under its Rotation Towing Program.

Allowing a motor vehicle to be deemed abandoned if left unattended with-
out any license plates affixed for more than six hours on any highway or
other public place is too long of a time period. This proposed legis-
lation would reduce this required time period from six hours to three
hours and would allow the Department to remove these vehicles more
quickly. These vehicles are potentially dangerous and should be removed
as quickly as possible. This proposed legislation would help to expedite
the removal of abandoned vehicles with no plates, and would help to
address the overwhelming number of complaints received by the Department
relating to abandoned vehicles - specifically, the Department received
more than 51,000 such complaints during calendar year 2023 - by allowing
for a more timely removal of problematic vehicles.

Additionally, since its DVO Program was created, the Department has
updated and improved many of its methods and operational procedures for
managing abandoned vehicles through utilization of advanced communi-
cations technology, agency personnel training, coordinated.  City and
State agency efforts, and successful legislative reform. The wholesale
value of the abandoned vehicle under VTL § 1224(2), however, has only
been increased four times since the State's abandoned vehicle legis-
lation was enhanced by Chapter 829 of the Laws of 1969.  In 1969, the
wholesale value was fixed at $100. The last change to the statutory
wholesale value of an abandoned vehicle occurred in 2002 - over twenty
years ago -when the wholesale value was increased from $750 to $1,250.
Today, many physical components of hulk vehicles left abandoned, such as
tires and hood ornaments and certain vehicle parts, are worth more than
$1,250. Accordingly, this legislation which increases the wholesale
value of an abandoned vehicle from $1,250 to $3,500 is long overdue and
necessary to reflect the current market value of vehicles and their
components, and to keep pace with inflation.

 
LEGISLATIVE HISTORY:

New Legislation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become a law.

                                 
BILL NUMBER: S8726A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to abandoned
vehicles

 
PURPOSE:

Allow for abandoned vehicles to be removed off City of New York roads.

 
CURRENT LAW:

Section 1224(1)(a) of the Vehicle and Traffic Law ("VTL") currently
allows for a motor vehicle to be deemed abandoned if it is left unat-
tended with no number plates affixed for more than six hours on any
highway or other public place.

Section 1224(2) of the VTL currently provides that ownership of a vehi-
cle deemed abandoned on any roadway shall immediately vest in the local
authority having jurisdiction over the roadway if, among other criteria,
              

the wholesale value of the vehicle, based on its physical condition at
the time of abandonment, is $1,250 or less.

 
SUMMARY OF PROVISIONS:

Section 1 amends VTL § 1224(1)(a) by reducing the required time period
that such motor vehicle is left unattended before it may be deemed aban-
doned from six hours to three hours.

Section 2 amends VII § 1224(2) by increasing the threshold under which
ownership of an abandoned vehicle immediately vests in the local author-
ity from $1,250 to $5,000 in order to reflect the increase in the market
value of vehicles and their components due to inflation since this
provision of the VTL was last amended.

Section 3 makes the enactment date 180th day after it shall become a
law.

 
JUSTIFICATION:

The New York City Department of Sanitation (the "Department") is respon-
sible for the removal of unlawfully abandoned vehicles from streets and
other public areas in New York City. The commercial value of these vehi-
cles, commonly referred to as "derelicts" or "hulks", is marginal, often
the result of scavenging and vandalism.

The Department manages and oversees the expedient removal of unlawfully
abandoned vehicles from City roadways and public areas through its Dere-
lict Vehicle Operations ("DVO") Program and through the Department's
new, joint DSNY - NYPD Citywide Abandoned Vehicle Taskforce, which
enables both agencies to increase abandoned vehicle, operations. Vehi-
cles subject to the DVO Program must meet both statutory requirements
under VTL § 1224(1), which includes the requirement that the vehicle be
left unattended without plates for six hours and display substantial
interior or exterior damage. The Department's uniformed field personnel
and enforcement officers identify the worst, and potentially dangerous,
derelict vehicles based on specific criteria developed by the Department
as to the vehicle's physical condition. This set of criteria allows
Department personnel to reasonably approximate the wholesale value set
forth under VTL § 1224(2). Upon determining that the vehicle is dere-
lict, the vehicle is tagged and subsequently removed by a towing
contractor, who arranges for the recycling or proper disposal of the
abandoned vehicle. Consistent with VTL § 1224(2), the Department will
not arrange for a vehicle without plates to be towed if the Department
 determines the vehicle is worth more than $1,250. Vehicles determined
to be worth more than $1,250 are removed by the New York City Police
Department under its Rotation Towing Program.

Allowing a motor vehicle to be deemed abandoned if left unattended with-
out any license plates affixed for more than six hours on any highway or
other public place is too long of a time period. This proposed legis-
lation would reduce this required time period from six hours to three
hours and would allow the Department to remove these vehicles more
quickly. These vehicles are potentially dangerous and should be removed
as quickly as possible. This proposed legislation would help to expedite
the removal of abandoned vehicles with no plates, and would help to
address the overwhelming number of complaints received by the Department
relating to abandoned vehicles - specifically, the Department received
more than 51,000 such complaints during calendar year 2023 - by allowing
for a more timely removal of problematic vehicles.

Additionally, since its DVO Program was created, the Department has
updated and improved many of its methods and operational procedures for
managing abandoned vehicles through utilization of advanced communi-
cations technology, agency personnel training, coordinated.  City and
State agency efforts, and successful legislative reform. The wholesale
value of the abandoned vehicle under VU § 1224(2), however, has only
been increased four times since the State's abandoned vehicle legis-
lation was enhanced by Chapter 829 of the Laws of 1969.  In 1969, the
wholesale value was fixed at $100. The last change to the statutory
wholesale value of an abandoned vehicle occurred in 2002 - over twenty
years ago -when the wholesale value was increased from $750 to $1,250.

Today, many physical components of hulk vehicles left abandoned, such as
tires and hood ornaments and certain vehicle parts, are worth more than
$1,250. Accordingly, this legislation which increases the wholesale
value of an abandoned vehicle from $1,250 to $5,000 is long overdue and
necessary to reflect the current market value of vehicles and their
components, and to keep pace with inflation.  New Legislation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take 180 days after it shall have become a law.